Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-27

Hdue was uDel on the species GSlnAs, De
side the doings of men in that locality.
Therefore Martha was no saint
neither would she have been welcomed
into the sisterhood of those immaculate
| DANES whose virtue shines brightly only
when placed beside black vice. Martha
! kept saloon. What that meant in a
| mining town in early days, the reader well
| knows. Some call them dens, but do
| not. Everybody went there, and she was
as respectable as the men who were glad 10
| sit on her sofa and talk to her because she
| was woman. Furthermore Martha was
| married-married to man."
Pregnant enough with purpose were
| now the miners. You could see it in their
eye, in their step, in the movement of the
hand; their pipes smoked of sulphur, and
with their tobacco-juice they spat fire.
These extracts must suffice, but they onlv
family illustrate the hyberbole and slam
bang in which the author deals. The
strong defense Mr.. Bancroft makes of the
mildest acts of mobs will shock the sensi.
tive IN these days of order under law. As
Tor instance, his approval of an execution
by mob that hanged woman at Downie-
vile, II 1851. He condemns the method
always where II was characterized by pas
sion, Jury and the absence of deliberatior,.
but IS free TO approve the action of the
people IN executing criminals at time
when the law seemed powerless to preserve
order and protect life and property.
However, though the historian has rev.
eled IN a style wholly foreign to his usual
modes of expression, and fairly takes the
breath away in some of his garish flights
OF fancy, and invokes a smile by his odd
metaphors, the record he has made up is,
as we have said, one of profound melo-
IN MT
writing which we recall, it ELIMINATES a
striking phase of pioneer life, and gives
an insight into the motives and impulses
OF the men of the early days, who estab-
hshed the popular tribunals" which no
other work has done so deliberately or with
such dramatic effect
A TREATISE on THE Law OF DEEDS. their form
requisites, execution, Acknowledgement, regis
tration, construction, and effect Covering
the alienation of title to real property by
voluntary transfer, Together with chapters
on tax deeds and Sheriffs' deeds. By Robert
T. Devlln, counselor-at-law (ofthe Sacramento
Bar. Two volumes. San Francisco: Ban
crott-Whitney Co.
This work, an examination of which has
engaged our interest and enlisted our close
attention, is the result of six years of
studious application and exhaustive re-
search on the part of the author, with a
result exceedingly gratifying, and that
contributes very largely to the convenience
and knowledge OF actively engaged law
yers- There is no more important subject
upon which the thorough LAWYER must be
well informed than that of the alienation
OF real property by voluntary transfer.
There has been before this work appeared,
no volume devoted exclusively TO the sub
Ject in hand. Former works on real prop
erty have treated of deeds only incident
ally. This book, however, makes the deed
itself, by which the title in fee is conveyed,
the subject for an exhaustive treatise. II
really supplements, amplifies and carries
forward such treatises as "Sugden on Ven
doris. Mr.. Devlin has not confined him
self to the law governing the voluntary
alienation of realty, but has expanded it to
embrace all the important questions in
volved in those involuntary transfers con-
sumated by tax deeds, Sheriffs' deeds etc.
The book, which is in two compact vol
umes aggregating about 100 pages, EN-
braces exhaustive examination of some
scores OF subjects, nearly every one of
which have been treated in independent
volumes, and the possession of which in
wolves library of no small bulk The book
is, therefore, a collection in compact form,
by orderly arrangement of all the law and
controlling decisions and leading treatises
upon subjects intimately related to the
deed. Thus 20 pages are devoted to elabo-
ration of the law and citation of decisions
and treatises upon " Definitions and Differ
ent Kinds of Deeds 35 pages to What
Must Pass by Deed or by wiring" ISL
pages to The Parties to a Deed" and
chapters of like or greater volume to these
subjects: " Who Take by Deed" ALIENS
Taking by Deed" Necessity of a
Writing-Part Performance 1.-The For
NAL Parts of Deed" The Date of
the Deed" Names and Description of the
Parties" ''The Granting Words" THE
Habendum," THE Reddendum," "The
Testimonium Clause" Reading the
Deed THE Signature" 1.-THE Seal AT
testing Witnesses" Delivery" Delivery
in Escrow" Execution by Corporations
Execution of Deeds Under Power of At
torney," Deeds Under Powers of Sale in
Trust Deeds and Mortgages" Deeds by
Trustees for Sale" "Filling Blanks" ETC.,
Acknowledgment" Registry in the Sew
eral States, Registration of Deeds" 1.-THE
Doctrine of Notice" including general
rules of notice, Possession, Agency and
Les Pendens, Consideration, Principles
of Construction" Community Property. :"
Covenants" Conditions, Limitations.
Reservations Exceptions, Restrictions and
Stipulations," "Recitals." Description, :"
Deed Subject to Mortgage" Deed When
Mortgage" Deed to One, Purchase
Money Paid by Another" Fixtures Pass
ing by Deed, Reservation of Vendors
Lien" Vendors Implied Lien" "Estop-
pei by Deed" Merger" Tar Deeds"
Deeds on Execution Sales"
We have been thus free to recite the
chapter and part titles, to give more
comprehensive idea of the scope of the
work. The method employed by the
author is admirable, since he states legal
principles, illustrates them with fifty
chosen cases, and in many instances gives
the words in which the decisions have de-
clared the law. Thus we find that he gives
the essence of the affirmative and negative
line of presidents; next the impressions of
the standard writers, third his own COM
ments, critical and otherwise, embodying
the conclusions to which his research has
led him. But that the reader may be en-
abled 10 form his own conclusions and test
the soundness of the arguments used. ex-
ceedingly copious notes fully present the
cases in which the rules, principles, eXcep-
tons, etc, have been discussed. Thus the
whole line of decisions underlying the law
as now declared appears and all the reasons
advanced for and against stated positions
are given. 1t is thus treatise announcing
legal principles and explaining the reason
for them with clearness and simplicity :;
next, an index rerum in which conflicting
views are arranged, and textbook in
which these conflicts are, so far as possible,
harmonized and the correct rule under the
principle set forth, and, finally, brief
book giving the essence of what the Courts
have decided, however illogical the con-
illusions reached by any of them
may be. And in this latter method
of calculating the subject he has
laid before the reader the language
of the Court, wherever the principle under
discussion warrants it. The views of the
author upon conflicting opinions and
treatises are modestly set apart distinctly,
and not, as is too often the case with COM
mentators, intermingled with the subject
matter. One of the notably strong features
of the work is the scheme adopted of illus
trating principles by apt cases. The cita-
ton of authorities embraces nearly IA, 900
cases that were examined. while the dis
tinctive subjects and divisions of subjects
treated, the index discloses to be upwards
Of 5000. These statistical statements will
give some idea of the breadth of the field
the two volumes cover. Mr.. Devlin has
done his work well. He writes easily,
clearly, and reasons logically. The reason
OF the law appears to have been with him